“The Digital Services Act is the EU’s chance to close the gap and make sure someone in the EU can be held liable for products that do not comply with all the requirements in ecodesign, energy labeling, RoHS, REACH, WEEE, LVD, EMC, RED, circular economy.” explains Ourania Georgoutsakou, Secretary General, Lighting Europe.
Statement from Lighting Europe:
The Digital Services Act must allocate liability for non-compliant products online. Liability must be allocated for all forms of non-compliance: not only when the product poses a safety risk, but also when it does not meet all labelling or information requirements, of when it does not contribute waste recovery and recycling fees.
Online platforms that facilitate the initiation of transactions between traders and end-users via a strong liability regime and firm obligations should not be exempt from liability when:
They are aware of an illegal activity on their interfaces and do not take immediate action; or
They exert a decisive influence on the trader or the transaction; or
There is no party based in the EU that can be held liable for an illegal activity online on their platform; or
They do not comply with their own DSA due diligence obligations, such as the know-your-business customer obligation.
Read the statement in full here